Court resumes hearing of Hafiz Saeed detention case today

LAHORE - A full bench of Lahore High Court (LHC) postponed for Tuesday (today) the proceedings on a habeas corpus petition against detention of Jammat-ud-Dawa Chief Hafiz Saeed and other leader Col (r) Nazir Ahmad while Saeeds counsel was on his legs. The Attorney General of Pakistan and Advocate General Punjab had already concluded their arguments before the bench comprising Justice Ijaz Ahmad Chaudhry, Justice Hasnat Ahmad Khan and Justice Zubda-tul-Hussain. In reply to the state counsels arguments that the petition was not maintainable as LHCs review board had validated his detention, AK Dogar said that the board members did not pass a judicial order rather it was an executive order. Rebutting governments contention that the detention was passed in line with UN resolution, Dogar said why the UN never forced India to adopt its resolution on Kashmir issue? He also said the Constitution protects the rights of citizen, but when the UN made a resolution the government throw away the Constitution and made unconstitutional decision while the courts should not endorse such decisions. He said the federal government accused the petitioners organisation of having links with al-Qaeda. He said the Supreme Court in Ahmad Javed Khawajas case had already held that the al-Qaida had never been declared a terrorist organisation under any Pakistani law. At this juncture, the bench asked the counsel how much more time he needed to conclude his submission, Dogar replied that he would take tomorrow a half and hour, after which the bench rose for next day. Dogar in the petition has said the detention of two leaders was unjust as it did not carry any reasons and merely based on recommendations of the UN, which never asked to detain the leaders. He said the six JD leaders had already been released by the LHC review board who were also detained on the same grounds. He said when the six persons had already been released; the two petitioners could not be confined into their own homes. In reply to a court query, the counsel said the home secretary had to laid down the reasons for detention, which he could not do, and as such the impugned order lost the legal ground. The counsel was still on feet when the bench rose for the next day. Earlier, the federal government in its reply before a single bench submitted that these leaders were detained following the sanctions imposed by the United Nation Security Council Sanction Committee. He requested to issue a direction in the nature of habeas corpus requiring the respondents that the petitioners be brought before the court and it be declared that they were being held in custody without lawful authority and in an unlawful manner. On Tuesday, May 5 a three-member review board of LHC had issued release orders of two JDs leaders namely Mufti Abdul Rehman and Ameer Hamza while extended for further 60 days the detention period of Hafiz Saeed and Col (r) Nazir Ahmad.

ePaper - Nawaiwaqt